[HISTORY: Adopted by the Township Committee of the Township of Independence 9-12-1983
by Ord. No. 83-8; amended in its entirety 6-13-2000
by Ord. No. 00-5 (Ch. 88 of the 1984 Code). Subsequent amendments
noted where applicable.]

The purpose of this chapter is to set standards for the
design and location of driveways in order to promote the safety, public health,
convenience, general welfare, lessen soil erosion, improve emergency vehicle
access and preserve Township roads and road structures.

This chapter also sets standards and guidelines for the
design elements for driveways in excess of 250 feet in length, and driveways
with slopes of 8% or greater. Additionally, this chapter sets guidelines for
the final driveway approval process to enable the issuance of a certificate
of occupancy.

Finally, it is the intent of this chapter to exercise
exclusive jurisdiction by the Township of Independence over all driveways
into Township streets and to exercise concurrent jurisdiction with the County
of Warren and State of New Jersey Department of Transportation when any such
portion of a driveway is located within the jurisdiction limits of a county
or state highway. Therefore, all references contained herein to "Township
road," "road," "street" or "public road" shall be construed to mean Township,
county or state street or highway.

A privately owned roadway which provides entry to a dwelling or place
of business from a public road or street. An entrance from a public road to
a farm field which does not contain a dwelling is specifically excluded from
this definition.

No driveway shall be constructed or existing driveway altered or additional
homes connected to existing driveways to an existing or future street or road
right-of-way without first obtaining a driveway permit in accordance with
the following:

An application for a driveway permit shall include a plan of the proposed driveway in accordance with § 186-4. The applicant shall also deposit with the municipality a fee in the amount of $250 to cover the estimated cost of the professional review of the application by the Municipal Engineer and other professionals and a fee in the amount of $50 to cover the administration costs of the Township. For driveways with slopes over 12% an additional fee of $300 shall be deposited with the application to defer the costs associated with the increased complexities of design and construction. Where the review and inspection costs exceed the initial escrow deposit, the applicant shall pay the additional amount prior to the issuance of a certificate of approval (CA).

A construction plan prepared by a Licensed Professional Engineer in
the State of New Jersey or a plan prepared by the owner containing sufficient
detail and determined to be acceptable by the Township Engineer shall be submitted
with the application in a scale of one inch equals 30 feet showing provisions
for compliance with the following:

All driveways shall be constructed and maintained in
such a manner as to prevent erosion of the soil from them and its deposition
upon the street or road and in gutters, catch basins, inlets, drains or culverts.

All driveways constructed or altered shall be constructed
in such a manner as not to interfere with the drainage along the existing
pavement or traveled way nor shall runoff from a driveway discharge onto the
traveled way unless it can be demonstrated by the applicant's professional
in writing that all measures have been taken to limit such runoff to the absolute
minimum. Where curbs are installed, water may not be discharged more than
two feet beyond the curb. Under no circumstances shall the driveway be allowed
to extend beyond the edge of the existing pavement or traveled way thereby
creating a hump or uneven driving surface on the pavement or traveled way.

Whenever possible, all driveways shall be designed in
profile, grade, and location to permit a minimum sight distance in accordance
with the following table. Roads which are not posted for speed limits shall
be considered to be 50 mph, unless in the opinion of the Township Engineer
the applicant's engineer can demonstrate in writing that the horizontal geometric
considerations or location dictate otherwise. The sight distance measurement
shall be from a sight point four feet above the ground on the center line
of the driveway and 10 feet behind the curbline of the thoroughfare, and if
no curbline exists, a minimum of 10 feet from the edge of the road. A clear
sight triangle shall be established connecting the sight points described
above, and shall be graded and otherwise kept free of trees, shrubbery, fences,
structures, etc., in order to maintain clear vision between sight points.
All driveways, including exit or entrance driveways, shall be located to afford
maximum safety to the traffic on the Township road.

All applicants shall take the required action to obtain
the required sight distance, immediately after receipt of initial driveway
permit approval and during the commencement of the drives construction. In
no instance will a temporary or a permanent certificate of approval be granted
until the required sight distance has been obtained. If, in the opinion of
the Township Engineer, the required sight distance on the approved plan appears
different than that in the field, the Engineer may require a statement by
the applicant's engineer on his engineer's letterhead attesting that the required
sight distance has been met.

The slope of the driveway shall not exceed 6% either
upwards or downwards for a distance of at least 20 feet from the curb or gutter
line. The Township Engineer may require additional precautions when the slope
of the driveway is between 10% and 15% in the first 100 feet from the curb
or gutter line. Changes in vertical grades shall be made with smooth vertical
curves not less than 12 feet in length.

The driveway shall be paved with two-inch compacted thickness
of bituminous concrete, Type FABC-1, two-inch thick on a base of soil aggregate,
Type 5A or 2B, or dense-graded aggregate, four-inch thick; pavers, concrete
or bricks may be substituted for the bituminous concrete on a base material
approved by the Engineer.

All driveways shall be paved for the first 25 feet from
the edge of pavement with two-inch compacted thickness of bituminous concrete,
Type FABC-1, on four-inch base of soil aggregate, Type 5A or 2B; dense-graded
aggregate; pavers, concrete, or bricks may be substituted for the bituminous
concrete on an approved base material.

Consideration shall be given to the effect of increased
runoff on downstream properties. Also, the driveway design shall include provisions
for storm drainage within the driveway and where it crosses existing roadside
ditches or drainage structures. The Township Engineer may require that measures
be taken to limit runoff rates from the proposed driveway to values prevailing
before development.

Driveways of 250 feet or more in length shall be a cleared
and graded width of 14 feet and shall have a minimum cartway width of 10 feet.
Horizontal curves shall have a minimum outside radius of that will accommodate
a fire engine apparatus. For the purpose of this design, the American Association
of State Highway Officials SU design vehicle shall be utilized.

Multifamily, commercial and industrial driveway pavement
widths shall be designed to accommodate commercial vehicles and higher traffic
volumes, but in no event shall exceed a maximum width of 35 feet. These driveways
shall have Planning Board approval when they are part of a new application.[1]

Reclaimed asphalt pavement (RAP), also commonly known
as "millings," may be substituted for dense-graded aggregate as prescribed
below. This chapter does not authorize such millings to be used in lieu of
FABC where required or authorize use of millings in residential subdivisions.
The use of reclaimed asphalt pavement (RAP), also known as "millings," may
be substituted for the pavement requirements of driveways outside of the right-of-way
subject to the following provisions:

The material shall conform to NJDOT Standard Specifications
Article 901.10(b) and shall further contain no foreign matter. The source
of the millings shall be from milled pavements where a portion of a surface
course or base course has been removed and no portion of the milled area shall
have been outside an existing pavement structure. This shall mean that the
millings shall be from what is commonly known as main line pavements and shall
not have as a source any millings from trench removal or complete pavement
removal.

The millings shall be placed by a convenient method and
shall be rolled with a roller conforming to the requirements of NJDOT Specifications
404.09 i.e., steel wheel rollers, static weight of not less than 10 tons and/or
vibratory rollers with a static weight of not less than 6 1/2 tons.

No new driveway shall be constructed with a plan profile
greater than 15%. In instances where proposed grades are in excess of 15%,
a confirmation from the Independence Emergency Services, rescue squad and
fire department that they can gain access to the proposed homesite will be
required prior to the issuance of a driveway permit. In addition, a certification
from an engineer licensed in the State of New Jersey that measures have been
taken to limit runoff rates (volumes and velocities) from the proposed driveway
to values prevailing prior to development based on plans that have been reviewed,
revised and/or prepared by him or her will be required.

The construction of any driveway or home in the municipality
that is part of a major subdivision is subject to the standards promulgated
by the New Jersey Soil Conservation Committee and administered by the Warren
County Soil Conservation District. The enforcement of this provision shall
be the responsibility of the Warren County Soil Conservation District, a permit
from whom is required prior to the issuance of a building permit by the Townships'
Construction Code Official.

The application for a driveway permit shall be accompanied by two copies
of a plan prepared by a licensed engineer or property owner showing plan and
profile and typical cross section of the proposed driveway. The plan shall
be neatly drawn in a manner satisfactory to the Township Engineer, to a scale
of not less than one inch equals 30 feet, and shall show the following information:

A plat or site plan shall show the driveway for its entire length and the road for a distance of at least 200 feet in either direction. The plan shall show the pavement lines, gutter line, drainage structures, utility poles, trees or bushes or other features along the road. The plan shall show the location of the driveway dimensioned in feet from a side line of the property and dimensioned in feet from the nearest utility pole and shall show the number of the pole. The plan shall also show the width and construction material of the driveway (cross section) and shall show necessary drainage improvements and clearing required to achieve the sight distance required in § 186-4D. Cross sections along the driveway and/or along the road may be required by the Township Engineer at his discretion.

A profile of the driveway beginning at the center line
of the public road, showing existing and proposed grades and elevations along
the center line of the driveway for its entire length. Elevations shall be
referenced to a datum point which shall be shown on the plan.

If due to inclement weather conditions it is not feasible
in the judgment of the Township Engineer to complete the driveway, the permittee
may submit a bond, in the form of a certified check or other cash bond, thereby
allowing the Township Engineer to release a temporary certificate of approval
(TCA), which would allow the Building Subcode Officer to issue a temporary
certificate of occupancy (TCO). The guarantee shall be held to insure that
the driveway will be completed within one year. The bond amount will be based
upon 120% of the cost of the remaining improvements as determined by the Engineer,
but in no case shall be less than $1,000.

Upon submission and approval of the bond by the Township
Attorney, the Building Subcode Official may issue a temporary certificate
of occupancy. Upon final completion of the driveway or approval by the Township
Engineer, a final certificate of occupancy will be issued. The bond will be
released by the Treasurer when directed in writing by the Engineer.

In the event that the driveway is not completed within
one year after the temporary certificate of occupancy has been issued and
if the permittee, upon 10 days' notice, does not complete the improvements
required by the approved plans under this chapter, the Township may complete
the driveway using the funds available from the bond via a private paving
and or excavating contractor.

Any person or persons or firm or corporation who does not obtain a permit
or who violates any provision of this chapter which results in unsightly conditions
or damage to or obstruction of any street or road, gutter, storm drain, catch
basin, inlet or culvert shall be responsible for all expenses incurred by
the Township in repairing such damage or removing the obstruction and shall
also be subject to a minimum fine of $100 and a maximum penalty
of one or more of the following: a fine not exceeding $2,000, imprisonment
not exceeding 90 days or a period of community service not exceeding 90 days.
Except as otherwise provided, each and every day in which a violation of any
provision of this chapter exists shall constitute a separate violation.

Upon written request and submission of a $200 nonrefundable review fee from an applicant for a driveway permit, the Township Engineer, acting as agent for the Township Committee, may review a waiver of the sight distance requirements of § 186-4D or any other provisions of this chapter. The waiver will be considered for individual cases and upon a showing of hardship or inability to comply with existing requirements, provided that the protection to the applicant and the public sought by the waiver requirements are not significantly reduced, and provided that such a waiver may be granted without detriment to the applicant or the public in general. Furthermore, no waiver or relief may be granted which would create substantial public danger or substantial public inconvenience and would not substantially impair the provisions of this subsection or the standards promulgated by the New Jersey Conservation Committee and administered by the New Jersey Soil Conservation Committee. The Engineer shall review the request from the applicant, in triplicate, which shall contain the following:

Strict enforcement of the terms and sections of this
chapter may be waived by the Township Committee upon receipt of the Township
Engineer's findings whenever such enforcement would not be in the best interests
of the Township or would place undue hardship upon the applicant.

No person, firm or corporation shall divert, direct, pump or discharge
water onto the surface of any Township road or Township right-of-way, wherein
said road will cause unsafe traveling conditions and/or cause the road surface
to deteriorate and/or cause erosion and or icing of the same.